Arizona

Senate Bill 1439 (2017)

End of LIfe Discrimination Prohibition

Check the status of this bill at the Arizona State Legislature

State of Arizona
Senate
Fifty-third Legislature
First Regular Session 2017

Introduced by

• Senators Barto: Allen S, Borrelli, Burges, Fann, Farnsworth D, Griffin,
  Kavanagh, Lesko, Montenegro, Petersen, Pratt, Smith, Worsley, Yee;
  
• Representatives Allen J, Barton, Bowers, Boyer, Campbell, Coleman, Cook,
  Finchem, Grantham, John, Lawrence, Leach, Livingston, Mesnard, Mitchell,
  Mosley, Norgaard, Nutt, Payne, Shooter, Shope, Stringer, Thorpe,
  Townsend

AN ACT amending Title 36, Arizona Revised Statutes, by adding Chapter 11.2; Relating to health care entites.

Be it enacted by the Legislature of the State of Arizona:

CHAPTER 11.2

PROHIBITION ON DISCRIMINATION AGAINST HEALTH CARE ENTITIES

ARTICLE 1. GENERAL PROVISIONS

36-1321. Definitions

In this article, unless the context otherwise requires:

1. "Discriminate" means taking or threatening any adverse action, including any of the following:

(a) termination of employment.

(b) transfer from current position.

(c) demotion from current position.

(d) adverse administrative action.

(e) reassignment to a different shift or job title.

(f) increase administrative duties.

 (g) refusal of staff privileges.

(h) refusal of board certification.

(i) reduction of wages, benefits or privileges.

(j) refusal to award a grant, contract or other benefit.

(k) refusal to provide residency training opportunities.

(l) denial suspension or revocation of license.

 (m) impediments to creating, expanding or improving a health care entity.

(n) impediments to acquiring or associating or merging with any other health care entity.

(o) any other penalty or disciplinary or retaliatory action.

2. "Health care entity" means any of the following or an employee of any of the following:

(a)  a health care institution as defined in Section 36-401.

(b) a health professional as defined in Section 32-3201.

(c) a health care services organization as defined in Section 20-1051.

(d) a hospital service corporation or medical service corporation as defined in Section 20-822.

(e)  an accountable health plan as defined in Section 20-2301.

3. "Person" includes this state and any agency or political subdivision of this state.

36-1322. Discrimination prohibited; immunity

A.    A person may not discriminate against a health care entity on the basis that the health care entity does not provide, assist in providing or facilitate in providing any health care item or service for the purpose of causing or assisting in causing the death of any individual, such as by assisted suicide, euthanasia or mercy killing.

B.    A health care entity is not liable in any civil, criminal or administrative action for declining to provide any heath care time or service for the purpose of causing or assisting in causing the death of any individual as specified in Subsection A of this Section.

36-1323. Civil action; damages; injunctive relief; attorney fees

A.    A health care entity may bring a civil action in Superior Court for a violation of Section 36-1322.

 B.    An additional burden or expense on another health care entity arising from the exercise of rights pursuant to Section 36-1322 is not a defense in any civil action under this section.

C.    If the Superior Court finds that discrimination in violation of Section 36-1322 occurred, the court may award any of the following:

1. actual and compensatory damages, including damages for emotional distress.

 2. court costs and attorney fees.

3. preventive relief, including a permanent or temporary injunction, a restraining order or any other order against the person responsible for a violation of Section 36-1322.

Sec.2. Construction

 This act does not create or recognize a right to assisted suicide, euthanasia or mercy killing. The legislature does not intend to make  lawful any action intended to cause or assist in causing a person's death that is currently unlawful.